TERMS OF SERVICE

 

These Terms of Service are a binding agreement between you and Case Wallet, Inc. (“Case Wallet”, “we”, or “us”). These Terms of Service govern your use of the Case Wallet Application on the Case Wallet Device and Web Servers, (including all related documentation, the “Services”). The Services are licensed, not sold, to you.

 

BY HITTING “ACCEPT” OR BY USING OUR SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; (D) IF YOU ARE BUYING THIS FOR A COMPANY OR ORGANIZATION, YOU MUST HAVE THE AUTHORITY TO BIND THE COMPANY OR ORGANIZATION INTO A CONTRACT; (E) ”SERVICES” COVERS ANYTHING WE PROVIDE TO YOU; (F) WE MAY UPDATE OUR TERMS AT ANY TIME AND WILL NOTIFY ALL CURRENT CUSTOMERS, BY APPROPRIATE MEANS, OF ANY CHANGES TO THE TERMS AND (G) CONTINUING TO USE THE SERVICE MEANS YOU ACCEPT THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

 

1. About Transacting with Bitcoin.

 

Bitcoin has inherent risks that you may want to familiarize yourself with before purchasing any bitcoins. There are numerous materials on the Web that address these risks.  Bitcoin is currently treated as a commodity in the United States.  Like with any commodity or currency, the value of a bitcoin goes up and down relative to other currencies.  When spending bitcoin, you may be limited to where you can spend it as bitcoin transactions are only accepted on a limited basis.  Bitcoin transactions are carried out on a block chain based public ledger, and not in the Case Wallet device or associated web service.  The device and web service merely help facilitate your transactions and help you protect your bitcoin by requiring multiple cryptographic keys that are held securely in separate locations.

 

The Bitcoin network has no built-in handling of taxes.  You are responsible for paying any taxes you may accrue through your buying and selling of bitcoins or that you may accrue during your bitcoin transactions.

 

 

2. About the Case Wallet Service.

 

The Case Wallet Service is NOT a bank.  The Case Wallet device and service provide a means to securely store your bitcoin cryptographic keys and to help facilitate your bitcoin transactions.  But the transactions themselves are authorized by you and carried out by the Bitcoin Network.


The Case Wallet Service is NOT an exchange.  However, the Case Wallet service does provide a means to sign up for an optional exchange service performed through a third party provider.  If you choose to use this service, please familiarize yourself with their Terms of Service as that exchange is NOT covered by these terms.

 

Your Case Wallet device is YOUR property and your account includes information about YOUR funds.  It is YOUR responsibility to protect your device, your account, and your funds.  You must maintain adequate passwords and security, including over your physical device.

 

The Services use 2-of-3 key authentication.  One key is in your possession.  One key is in our possession.  And one key (the recovery key) is stored off-line with a trusted partner or in your possession.  In the event of the loss or compromise of one of the keys, a recovery process can be initiated by you to transfer your bitcoin funds to another wallet.  If you elect to keep the recovery key with our trusted partner, a recovery fee may be charged if the loss or compromise of one of the keys is not the fault of Case Wallet.  If you elect to keep the recovery key in your possession, YOU are solely responsible for providing the recovery key should a recovery operation be necessary.  NOTE: failing to keep the recovery key safe or failure to present the recovery key during a recovery process could result in the loss of your control of the bitcoins whose keys are stored in the wallet.  Be certain you are capable and willing to accept this risk before undertaking the responsibility of maintaining the recovery key.

 

3. Use of the Services.

 

Subject to the terms of this Agreement, we grant you a limited, non-exclusive and nontransferable license to: (a) download, install and use the Services for your personal, non-commercial use on a single Case Wallet Device owned or otherwise controlled by you (“Device”) strictly in accordance with the Services’ documentation.

 

You shall not: (a) copy the Services, except as expressly permitted by these Terms of Service; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services; or (g) use the Services in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.

 

You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms of Service, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms of Service. We, and our licensors and service providers, reserve and shall retain our entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service.

 

The term of these Terms of Service commence when you acknowledge your acceptance and will continue in effect until terminated by you or us as set forth in this paragraph. We may terminate these Terms of Service at any time without notice if we cease to support the Services, which we may do in our sole discretion or that may be a result of changing government regulations regarding bitcoin and bitcoin services. In addition, these Terms of Service will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Service. Upon termination: (a) all rights granted to you under these Terms of Service will also terminate; and (b) you must cease all use of the Services and delete all copies of the Services from your account. Termination will not limit any of our rights or remedies, whether under these Terms of Service or otherwise, at law or in equity.

 

4. Our Service to You.

 

You acknowledge that when you activate your device, download or install software and updates, or otherwise use the Services, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Services or certain of their features or functionality. All information we collect through or in connection with the Services is subject to our Privacy Policy, available on our website at https://ChooseCase.com/privacy.html. By downloading, installing, using and providing information to or through the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

We may from time to time in our sole discretion develop and provide updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet, either: (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms of Service.

 

Should Case Wallet learn of any potential or actual external attacks or other potential or actual security threats, Case Wallet will notify customers through the means those customers have selected when setting up their account.  If no valid means of contact is provided, or if the provided means of contact no longer functions, you may not receive these notices.  Please keep your account up to date in order to receive any notices.

 

Case Wallet provides customer support and other material through its website.  Case Wallet is always looking to improve its product offerings and as such welcomes customer feedback through its website. Please visit the service dashboard for more information (https://dashboard.ChooseCase.com/).

 

5. Source Code.

 

Source code for the Case Wallet device is only available to purchasers of the system, due to licensing restrictions and requirements.  The source code is a combination of Case Wallet written code, Open Source libraries, and proprietary code modules.  The code was written to run on this device only and should not intended for any general use computer or other embedded device.

 

 Your Case Wallet uses libzbar and libqrencode, both of which are licensed under the terms of the LGPL v2.1 which is retreivable from www.gnu.org/licenses/lgpl-2.1.en.html

 

Some of the source code used on the device is used through Open Source Licensing,  including the MIT License from the Open Source Initiative, the GNU Lesser General Public License 2.1, Apache License 2.0 for Open Source, and Python Software Foundation Open Source License Agreement.  All Open Source code is clearly marked as such and any use of this source by you, the customer, must follow the terms of those Open Source Licenses, included with the code.  You may redistribute this open source code as long as you properly follow the requirements of the corresponding Open Source License.

 

Some of the modules used on the device are proprietary third party modules that require a paid license to use.  As a purchaser of the device, you have paid that license and may use these modules for YOUR USE ONLY.  However, you may not sell, distribute, or otherwise transfer these licensed code modules. As per their respective agreements, some of these  modules are provided as compiled objects that can be linked with the rest of the code modules, but the source code has not been provided as that right has not been purchased from the vendor.

 

Some of the source code used on the device was generated by Case Wallet Inc, is copyrighted work, and Case Wallet Inc reserves all rights.  The Case Wallet source is being provided to you for YOUR USE ONLY, expressly for use in your Case Wallet Device, may not be used for commercial purposes, and may not be sold, distributed, or otherwise transferred for any purpose without express written permission from Case Wallet Inc.

 

 

 

6. Export Restrictions.

 

The Services, including any software, documentation and any related technical data included with, or contained in, such services, and any products utilizing any such services, software, documentation or technical data (collectively, “Regulated Services”) may be subject to US export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. The Customer shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release any Regulated Services to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any Regulated Services is prohibited by applicable federal or foreign law, regulation or rule. You shall be responsible for any breach of this Section 7 by your, and your successors’ and permitted assigns’, parent, affiliates, employees, officers, directors, partners, members, shareholders, customers, agents, distributors, resellers or vendors.

 

7. Limitations of Liabilities and Warranties.

 

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.

 

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

8. General Terms.

 

The Terms of Service are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

 

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Service, including the breach, termination, or validity thereof, shall be resolved by final and binding arbitration. The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The place of arbitration shall be Rochester, New York. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within 30 days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested. The tribunal shall consist of three arbitrators, appointed as follows: (a) the claimant shall appoint an arbitrator in the request for arbitration and the respondent shall appoint an arbitrator in the answer; the two arbitrators so appointed shall, within 30 days of delivery of the answer, appoint a third arbitrator who shall act as the chair of the tribunal; (b) if any arbitrators are not selected within this time period, such arbitrator shall be appointed at the request of any party by JAMS; (c) any challenge of an arbitrator for lack of impartiality or other ground shall be decided by JAMS; and (d) if a vacancy of an arbitrator arises, the vacancy shall be filled by the same procedure set forth above, provided, however, that if a vacancy arises during or after the hearing on the merits, the remaining two arbitrators may proceed with the arbitration and render an award.

 

If legally binding arbitration is not available, any legal suit, action or proceeding arising out of or related to these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Rochester and Monroe County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

You agree to arbitrate, or bring any legal suit, action or proceeding arising out of or related to these Terms of Service or the Services, solely on an individual basis, and that these Terms of Service do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

If legally binding arbitration is not available, any legal suit, action or proceeding arising out of or related to these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Rochester and Monroe County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

All notices under these Terms of Service or relating to the Services must be in writing.

 

The Terms of Service, any add-on services and their terms and conditions, and our Privacy Policy constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

 

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Nothing contained in these Terms of Service shall be construed to create a joint venture or partnership between the parties hereto or an employee/employer or agency relationship. We are an independent contractor pursuant to these Terms of Service. Neither party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

 

To the extent the Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

 

For purposes of these Terms of Service, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms of Service as a whole.

 

Unless the context otherwise requires, references herein: (a) to sections, schedules and exhibits mean the sections of, and schedules and exhibits attached to, these Terms of Service; (b) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (c) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Terms of Service shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The schedules and exhibits referred to herein, if any, shall be construed with, and as an integral part of, these Terms of Service to the same extent as if they were set forth verbatim herein.

 

9. Who to Contact.

 

For service or assistance: E-mail: help@ChooseCase.com
or go to https://dashboard.ChooseCase.com/

 

For legal notices and disputes: E-mail: legal@ChooseCase.com
or mail us at:
Legal at Case Wallet Inc
125 Tech Park Drive, Suite 2137B
Rochester, NY 14623